The Supreme Court of Nigeria has thrown out the appeal filed by Agboola Ajayi, a Peoples Democratic Party (PDP) candidate in Ondo State, against the candidacy of Governor Lucky Aiyedatiwa of the All Progressives Congress (APC).
The court ruled that Ajayi’s case was filed too late and that he had no legal right to challenge the nomination of a candidate from another party.
Justice Lawal Garba, who delivered the lead judgment, stated that the case was an internal matter of the APC and did not concern the PDP.
The court also affirmed that the appeal was statute-barred since Ajayi had filed it beyond the 14-day limit allowed by law.
The Legal Timeline
According to the Supreme Court, the cause of action arose on May 20, 2024, when the nomination forms were submitted to the Independent National Electoral Commission (INEC). However, Ajayi did not file his case until June 7, 2024, violating the constitutional deadline.
The court also ordered Ajayi to pay ₦2 million in legal costs to each of the four respondents, reinforcing the finality of the ruling. Lower courts had previously dismissed Ajayi’s case on similar grounds. The Federal High Court in Abuja initially heard the case but transferred it to the Akure Judicial Division, where Justice T.B. Adegoke ruled against Ajayi on December 2, 2024.
Ajayi then took the case to the Court of Appeal, Akure Division, which also dismissed the appeal in a unanimous judgment by Justices Oyebisi Omoleye, Hadiza Shagari, and Fadawu Umaru. The appellate court upheld the Federal High Court’s decision and imposed a ₦500,000 cost against Ajayi.
Ajayi had sought to nullify the election of Ondo’s Deputy Governor, Olayide Adelami, alleging discrepancies in his name change. He argued that Adelami, who previously had “Jackson” as his middle name in school records, had changed it to “Owolabi” without proper legal documentation.
However, the Supreme Court ruled that a name change, when properly documented, does not amount to electoral fraud or disqualification. The court also referenced previous cases, such as APC v. Obaseki, in which criminal allegations of forgery and impersonation required a writ of summons rather than a petition.
With the Supreme Court’s ruling, Governor Lucky Aiyedatiwa’s position remains secure, and the legal battles over his nomination have come to an end.
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